HomeMy WebLinkAbout5212 518, 540 Route 28 Decision Certified 03.02.26MHOUTH Tilly CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 2, 2026
5212
January 22, 2026
Sandbar Management, Inc.
Sandbar Holdings, LLC
PROPERTY: 518 & 540 Route 28, West Yarmouth, MA
Map 31, Parcels 82-C, 83, 84, 85.1, and 86
Zoning District: B2 and HMOD1
Title: Book 34575, Page 225 (540 Route 28)
Document No: 1209691 (518 Route 28)
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan
Notice of the hearing has been given by sending notice thereof to the petitioner and all those
owners of property as required by law, and to the public by posting notice of the hearing and
publishing in The Cape Cod Times, the hearing opened and held on the date stated above.
The Petitioner is Sandbar Management, Inc. The Petitioner has previously obtained relief from the
Board of Appeals in Petition Nos. 4368, 4420, 4486, 4524, 4567, 4705, 4926, and 4948, for the
properties at 492, 498, 512, 518, 526, 532, and now 540 Route 28, West Yarmouth,
Massachusetts. The properties are the site of the Wicked Waves Waterpark and Cape Cod Family
Resort. The properties are located in the B-2 Zoning District and the HMOD1 Zoning District.
The Petitioner is seeking to redevelop and reconfigure portions of the Waterpark by relocating the
inflatable rides to the adjacent, former Salty's property at 540 Route 28; extending the screening
berm and fence along Route 28; and adding conforming water ride features and cabanas in place
of the current inflatables' location as shown on the submitted plans (Proposed Site Plan, revised
December 5, 2025).
Previously, the Design Review Committee and the Site Plan Review Team had reviewed the
proposal and provided comments, dated October 21, 2025 and November 4, 2025, respectively,
to the Petitioner.
A TRUE COPY ATTEST:
CM MAWCfl-0WN CLERK
The Petitioner was represented by Attorney Andrew Singer together with Mr. Joseph Marrama,
principal owner and operator of the facility, and Mr. Kieran Healy, Engineer.
The Petitioner testified that the proposed reconfiguration will not increase existing capacity at
the Waterpark but rather allow visitors to be better spaced out in order to enhance guest
experience and operating efficiency.
The existing restaurant building and single-family dwelling as well as large, paved areas on the
former Salty's property will be removed, and the extended Waterpark will conform to the
dimensional requirements in this location. A wide-open public driveway on Route 28 will be
eliminated, thereby reducing conflict points on the State highway.
An abutter, Paula Auerbach, asked about screening from the west and about a buzzer sound. The
Petitioner agreed to review the buzzer sound and to contact Mrs. Auerbach.
The proposal requires a Special Permit for N-11 Use (Amusement & Recreation Services). A
discussion, including questions and consideration, took place concerning number and height of
inflatable rides, height of new water rides, number of certified lifeguards and employees,
screening along the eastern property boundary, the relocated emergency drive and gate, the
extended berm and white vinyl fencing, and occupancy.
Based on the above and testimony received at the public hearing, the Board found that the
redevelopment proposal will not be substantially more nonconforming and that no undue
nuisance, hazard or congestion will be created.
Accordingly, a motion was made by Mr. Mantoni and seconded by Mr. Martin to approve the
Special Permit as requested. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni:
AYE; Ms. Murphy: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The motion was voted 5-0
in favor. Therefore, the Special Permit was granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after filing of this notice`decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw § 103.2.5, MGL c40A §9)
Sean Igoe, Chairman
AM UE C QPX ATTEST
C MO / CMC 1 TOWN CLERK
MAR 2 5 2026
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5212 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
I
Mary A. Maslowski, MMC, CMMC
MAR 2 5 2026
A TRUE COPY ATTEST
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CMPA 1 CMC 1 TOWN CLERK
3 MAR 2 5 2026
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
�RAORAs�p,�
Petition #: 5212 Date: March 23, 2026
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
PETITIONER: Sandbar Management, Inc.
PROPERTY OWNER: Sandbar Holdings, LLC
Affecting the rights of the owner with respect to land or buildings at: 518 & 540 Route 28, West Yarmouth,
MA; Map 31, Parcels 82-C, 83, 84, 85.1, and 86; Zoning District: B2 and HMOD1; Title: Book 34575,
Page 225 (540 Route 28); Document No: 1209691 (518 Route 28) and the said Board of Appeals further
certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit,
and copies of said decision, and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
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Sean Igoe, Chairman ��
A TRUE COPY ATTEST:
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Moor/ CMC 1 TOWN CLERK
MAR 2 5 2026